their number, to keep special vigilance in the kingdom to see that the
charter was observed, with authority to make war upon the king in case
of its violation. The king also, by the charter, so far absolved all the
people of the kingdom from their allegiance to him, as to authorize and
require them to swear to obey the twenty-five barons, in case they
should make war upon the king for infringement of the charter. It was
then thought by the barons and people, that something substantial had
been done for the security of their liberties.

This charter, in its most essential features, and without any abatement
as to the trial by jury, has since been confirmed more than thirty
times; and the people of England have always had a traditionary idea
that it was of some value as a guaranty against oppression. Yet that
idea has been an entire delusion, unless the jury have had the right to
judge of the justice of the laws they were called on to enforce.

SECTION II.

_The Language of Magna Carta._

The language of the Great Charter establishes the same point that is
established by its history, viz., that it is the right and duty of the
jury to judge of the justice of the laws.

The chapter guaranteeing the trial by jury is in these words:

"Nullus liber homo capiatur, vel imprisonetur, aut disseisetur, aut
utlagetur, aut exuletur, aut aliquo modo destruatur; nec super eum
ibimus, nec super eum mittemus, nisi per legale judicium parium
suorum, vel per legem terrae."[14]

The corresponding chapter in the Great Charter, granted by Henry III.,
(1225,) and confirmed by Edward I., (1297,) (which charter is now
considered the basis of the English laws and constitution,) is in nearly
the same words, as follows:

"Nullus liber homo capiatur, vel imprisonetur, aut disseisetur de
libero tenemento, vel libertatibus, vel liberis consuetudinibus suis,
aut utlagetur, aut exuletur, aut aliquo modo destruatur, nec super
eum ibimus, nec super eum mittemus, nisi per legale judicium parium
suorum, vel per legem terrae."

The most common translation of these words, at the present day, is as
follows:

"No freeman shall be arrested, or imprisoned, or deprived of his
freehold, or his liberties, or free customs, or outlawed, or exiled,
or in any manner destroyed, _nor will we (the king) pass upon him,
nor condemn him_, unless by the judgment of his peers, or the law of
the land."

"_Nec super eum